Debate fuels contraception-rule foes

Joe Biden and Paul Ryan tangled over the Obama administration’s contraception coverage requirement Thursday night, but the real fight has headed to the courts — and the rule’s opponents say they’re gaining steam.

They’re certainly piling up lawsuits. But whether that’s real momentum — or just a growing stack of legal briefs — remains to be seen.

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There’s no question that the opponents of the requirement, which has been issued as part of President Barack Obama’s health care law, have been picking up the pace in filing new legal challenges. Three new suits were filed just this week, bringing the total to more than 100 plaintiffs in more than 30 cases.

That doesn’t mean the lawsuits have been successful so far. For the most part, they haven’t. But the lawyers fighting the rule in court were encouraged by the showdown in the vice presidential debate.They say the Thursday night debate — when two Catholic candidates clashed over it — got their cause more national attention.

“There’s a lot of momentum right now,” said Kyle Duncan, general counsel for the Becket Fund for Religious Liberty, which represents several organizations opposing the Obama administration rule that most employers include contraception in employee health plans with no co-pay.

Duncan said the plaintiffs “are grateful that it’s been mentioned in the debates,” though he asserted that Biden’s comment about the breadth of the religious exemption was “inaccurate.” Several news organizations found that Biden overstated it, and the Catholic bishops strongly objected to his description.

During Thursday night’s debate, Biden insisted that the contraception rule has a religious exemption that’s so broad that any religious objections are basically a non-issue.

“With regard to the assault on the Catholic Church, let me make it absolutely clear, no religious institution, Catholic or otherwise, including Catholic Social Services, Georgetown Hospital, Mercy Hospital, any hospital, none has to either refer contraception, none has to pay for contraception, none has to be a vehicle to get contraception in any insurance policy they provide. That is a fact,” Biden said.

Catholic groups opposing the requirement have pounced on that statement, saying the religious exemption for the requirement is narrow and a satisfactory compromise for those not exempted has not been found.

The U.S. Conference of Catholic Bishops blasted Biden in a statement Friday. “The HHS mandate contains a narrow, four-part exemption for certain 'religious employers.' That exemption was made final in February and does not extend to 'Catholic social services, Georgetown hospital, Mercy hospital, any hospital,' or any other religious charity that offers its services to all, regardless of the faith of those served,” the bishops said.

In reality, the Obama administration exempted churches and certain religious organizations, and others are getting a one-year exemption while the administration tries to come up with a solution. But they haven’t satisfied the opponents yet, including the bishops, religious colleges and universities, and the Catholic Health Association — and the Catholic Health Association had been a supporter of the health care law.

The problem for the religious groups is that in most of the compromises floated so far, their money could still — indirectly — subsidize birth control that they find morally wrong.